custody of unborn child

[shecar]

My step-daughter is 7-mos pregnant. She is 21 years old. She lived with her ex-boyfriend (presumably the father) for less than 3 mos before he moved out last weekend. He called her today saying he wants joint custody. They live in Colorado. Can the boyfriend take legal action for custody before the baby is born? Can my step-daughter refuse to put the boyfriend's name on the birth certificate? If so, what ramifications are there?

I appreciate any advice you can give.

It turns out the boyfriend had a brain injury some years ago and we don't feel he is capable of raising a child, even in a joint custody situation. Thanks again.

 

[Duranie]

There is nothing he can do until the baby is born and paternity is established.

Brain injury or not, your daughter apparantly thought he was father material and this is between the 2 of them. He is dad and he will have some rights. If your daughter doesn't put his name on the birth cert, then he can file a paternity suit and order a DNA test. Also if she goes on any kind of gov't assistance she will be required to file for child support/establish paternity.

If he insists on being recognized as the legal father and goes throug the courts, he will likely be awarded some sort of visitation, even though probably supervised at first.

 

[Scooterdog]

Duranie is correct.

My question is: Why is there a problem with visitation now? Because he moved out?

Even if he is brain damaged, he has rights by the dissability act, and nothing says if you have a mental or physical defect that you cannot be a parent. Think about it before you open that can of worms.

 

[shecar]

Clarification

Scooterdog-the baby isn't born yet but the boyfriend is already making an issue of custody. Can he take some sort of action through the courts before the baby is born?

The brain injury is only an issue because when he is questioned about his irresponsible actions, he says it's because of his brain injury. I do not know if his brain injury makes him act irrationally or if it is just an excuse.

 

[Duranie]

The baby is not born yet so your daughter should just stop communicating with him about he subject. He has no rights whatsoever until the child is born and paternity gets established.

 

[lonelyinny]

this is your sd's issue not yours stay out of it

we don't feel he is capable of raising a child,

it doesnt matter how you, your daughter, or her father feels, she choose him to be her child's father. if he was that bad, she shouldnt have gotten pregnant by him. let stepdaughter handle this, its her issue to deal with, your involvement will cause your sd problems, particualry since you as the stepgrandmother have no rights to the baby at all

 

[jharris352]

I have to agree with everyone here. Your daughter thought this guy was a great guy until he moved out. Unfortunately in life we live without mistakes. I'm sure if we talked to HIS mother she would say that YOUR daughter is a psycho. Everyone needs to GROW UP and deal with each other for the baby's sake. He deserves custody too, stop acting like he doesn't. Your daughter slept with him, he is the father, he has rights and responsibilities too. Good luck.